Mobile Phone Retailer Charged with Discrimination for Withdrawing Job Offer Because of Applicant’s Disability

The U.S. Equal Employment Opportunity Commission (EEOC) has charged Mobil Destination, Inc. with disability discrimination under the Americans with Disabilities Act. According to the EEOC, the company’s vice president took back a job offer from an applicant at its Porter, TX store when she found out that the applicant used a wheelchair. The staff at the store were told not to answer the applicant’s calls, and to say they had “promoted from within” if asked why the job was no longer available.

The district manager had interviewed and hired the applicant based on his being the most qualified. He advised the vice president that he did not appear to have any problems moving around the store in his wheelchair during his interview.

Take away for employers:

The ADA prohibits covered employers from discriminating against people with disabilities in the full range of employment, including recruitment and hiring. An employer is free to hire the applicant of their choice as long the decision is not based on a disability.